South Africa Case Law

Mphephu-Ramabulana Royal Family v Premier of the Limpopo Province and Others (CCT 373/22)

Mphephu-Ramabulana Royal Family v Premier of the Limpopo Province and Others (CCT 373/22) [2024] ZACC 12; 2024 (11) BCLR 1363 (CC) (21 June 2024)

Court

Constitutional Court

Case number

CCT 373/22

Judges

Zondo, Bilchitz, Chaskalson, Majiedt, Mathopo, Mhlantla, Theron, Tshiqi

The Constitutional Court refused direct leave to appeal in a dispute over an acting Vhavenda King, finding the relief sought incompetent and bypassing lower courts unjustified.

• Traditional Leadership
• Review Of Administrative Action
• Direct Access
• Functus Officio
• Remittal Of Matter
• Traditional-leadership

Minister of Finance v Sakeliga NPC (previously known as Afribusiness NPC) and Others (CCT 62/22)

Minister of Finance v Sakeliga NPC (previously known as Afribusiness NPC) and Others (CCT 62/22) [2022] ZACC 17; 2022 (4) SA 401 (CC); 2023 (2) BCLR 171 (CC) (30 May 2022)

Court

Constitutional Court

Case number

CCT 62/22

Judges

Jafta J, Khampepe J, Madlanga J, Majiedt J, Mhlantla J, Pillay AJ, Theron J, Tlaletsi AJ, Tshiqi J

The Constitutional Court dismissed the Minister of Finance’s urgent application to vary its Afribusiness order, holding there was no ambiguity to correct.

• Direct Access
• Variation Of Court Order
• Preferential Procurement
• Declaration Of Invalidity
• Suspension Of Judgment
• Superior Courts Act

Democratic Alliance in re Electoral Commission of South Africa v Minister of Cooperative Governance and Others (CCT 245/21)

Democratic Alliance in re Electoral Commission of South Africa v Minister of Cooperative Governance and Others (CCT 245/21) [2021] ZACC 30; 2022 (1) BCLR 1 (CC) (20 September 2021)

Court

Constitutional Court

Case number

CCT 245/21

Judges

Zondo, Madlanga, Madondo, Majiedt, Mhlantla, Rogers, Theron, Tlaletsi, Tshiqi

The Court held that the extension of the candidate nomination deadline did not fall within the amendments 'reasonably necessary' as contemplated by its prior order, which focused on accommodating new voters, not candidates. However, the order did not preclude the Commission from exercising its statutory power under section 11(2) of the Municipal Electoral Act to amend the timetable if necessary for a free and fair election. The Commission's decision to extend the candidate cut-off date was found to be consistent with the legislative scheme and constitutional rights, provided elections could s…

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• Local Government Elections
• Electoral Timetable Amendment
• Candidate Nomination Extension
• Free And Fair Elections
• Judicial Review Of Administrative Action
• Direct Access

Holomisa v Holomisa and Another (CCT146/17)

Holomisa v Holomisa and Another (CCT146/17) [2018] ZACC 40; 2019 (2) BCLR 247 (CC) (23 October 2018)

Court

Constitutional Court

Case number

CCT146/17

Judges

Mogoeng, Basson, Cameron, Dlodlo, Froneman, Goliath, Khampepe, Mhlantla, Theron

The Constitutional Court held that section 7(3) of the Divorce Act unfairly excluded certain Transkei marriages from redistribution relief on divorce.

• Equality Before Law
• Matrimonial Property Regimes
• Constitutional Invalidity
• Reading In Remedy
• Direct Access
• Gender Discrimination

Mogaila v Coca Cola Fortune (Pty) Limited (CCT76/16)

Mogaila v Coca Cola Fortune (Pty) Limited (CCT76/16) [2017] ZACC 6; [2017] 5 BLLR 439 (CC); (2017) 38 ILJ 1273 (CC); 2017 (7) BCLR 839 (CC); 2018 (1) SA 82 (CC) (2 March 2017)

Court

Constitutional Court

Case number

CCT76/16

Judges

Mogoeng, Nkabinde, Cameron, Froneman, Jafta, Khampepe, Madlanga, Mhlantla, Mojapelo, Pretorius, Zondo

The Constitutional Court granted direct access and held that Ms Mogaila’s reinstatement award had not prescribed under the Prescription Act.

• Prescription Act
• Arbitration Award Enforcement
• Direct Access
• Reinstatement
• Unfair Dismissal
• Constitutional Consistency

President of the Republic of South Africa and Others v South African Dental Association and Another (CCT 201/14)

President of the Republic of South Africa and Others v South African Dental Association and Another (CCT 201/14) [2015] ZACC 2; 2015 (4) BCLR 388 (CC) (27 January 2015)

Court

Constitutional Court

Case number

CCT 201/14

Judges

Mogoeng, Moseneke, Cameron, Froneman, Khampepe, Leeuw, Madlanga, Nkabinde, Tshiqi, Van der Westhuizen, Zondo

The Constitutional Court held that the President's Proclamation bringing sections 36 to 40 of the National Health Act into operation was irrational and invalid. The absence of necessary regulations meant that health service providers could not comply with the law, resulting in the criminalisation of essential health services. The President acted in error, and there was no mechanism to withdraw the Proclamation after its commencement date. The exercise of public power must be rationally connected to its purpose, and the premature implementation of these sections failed that test. The Court gra…

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• Exercise Of Public Power
• Rationality Review
• Direct Access
• Invalidity Of Presidential Proclamation
• Health Services Regulation

De Lacy and Another v South African Post Office (CCT 24/10)

De Lacy and Another v South African Post Office (CCT 24/10) [2011] ZACC 17; 2011 (9) BCLR 905 (CC) (24 May 2011)

Court

Constitutional Court

Case number

CCT 24/10

Judges

Moseneke DCJ, Ngcobo CJ, Cameron J, Froneman J, Jafta J, Khampepe J, Mogoeng J, Mthiyane AJ, Nkabinde J, Van der Westhuizen J, Yacoob J

The Constitutional Court dismissed the application for direct access, finding that the applicants failed to establish any material factual errors in the Supreme Court of Appeal judgment that could reasonably induce an apprehension of bias. The alleged 114 factual errors were not substantiated, and those identified were either immaterial or mere misdirections, not indicative of bias. The admissions in the pleadings did not establish causally relevant fraudulent intent. The applicants' conduct in pursuing unwarranted and unfounded allegations against the judiciary was found to be vexatious and…

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• Judicial Bias
• Direct Access
• Vicarious Liability
• Tender Irregularities
• Delictual Damages
• Costs Orders

HBR (Hola Bon Renaissance) Foundation v President of the Republic of South Africa and Others (CCT 11/11)

HBR (Hola Bon Renaissance) Foundation v President of the Republic of South Africa and Others (CCT 11/11) [2011] ZACC 10; 2011 (10) BCLR 1009 (CC) (31 March 2011)

Court

Constitutional Court

Case number

CCT 11/11

Judges

Ngcobo, Moseneke, Cameron, Froneman, Jafta, Khampepe, Mogoeng, Mthiyane, Nkabinde, Van der Westhuizen, Yacoob

The Constitutional Court refused direct access and dismissed an application challenging the Municipal Demarcation Board’s response to a request about Soweto’s municipal status.

• Direct Access
• Municipal Demarcation
• Jurisdiction Of Court
• Removal Of Board Members
• Costs In Constitutional Litigation
• Direct-access

Greenfields Drilling CC and Others v Registrar of the Supreme Court of Appeal and Others (CCT 53/10)

Greenfields Drilling CC and Others v Registrar of the Supreme Court of Appeal and Others (CCT 53/10) [2010] ZACC 15; 2010 (11) BCLR 1113 (CC) (7 September 2010)

Court

Constitutional Court

Case number

CCT 53/10

Judges

Ngcobo, Moseneke, Brand, Cameron, Froneman, Khampepe, Mogoeng, Nkabinde, Skweyiya, Yacoob

The Constitutional Court refused direct access, holding the applicants had not shown any constitutional issue and that Mphahlele already governed the reasons-for-refusal question.

• Leave To Appeal
• Judicial Reasoning
• Direct Access
• Finality Of Litigation
• Direct-access
• Leave-to-appeal

Chonco and Others v President of the Republic of South Africa (CCT94/09)

Chonco and Others v President of the Republic of South Africa (CCT94/09) [2010] ZACC 7; 2010 (6) BCLR 511 (CC) (16 March 2010)

Court

Constitutional Court

Case number

CCT 94/09

Judges

Khampepe J, Ngcobo CJ, Moseneke DCJ, Cameron J, Froneman J, Jafta J, Mogoeng J, Nkabinde J, Skweyiya J, Van der Westhuizen J, Yacoob J

The Constitutional Court refused a costs order after the applicants sought relief over delayed pardon decisions, holding their fresh litigation was premature and unreasonable.

• Presidential Pardon
• Unreasonable Delay
• Direct Access
• Costs Discretion
• Constitutional-court
• Presidential-pardon